Intellectual Property

Recent Posts

Compensatory Damages Issues in Patent Infringement Cases: A Handbook for Federal District Court Judges
Posted on 25 Jan 2010 by Patent Damages Handbook Committee Members

Chief Judge Paul R. Michel of the United States Court of Appeals for the Federal Circuit asked the Patent Damages Handbook Committee Members to develop a handbook for trial courts to consult when deciding issues of compensatory damages in patent infringement... Read More

Tags: Damages

James B. Astrachan on Russell Christoff v. Nestle USA, Inc. 47 Cal. 4th 468 (2009)
Posted on 26 Apr 2010 by James B. Astrachan

The purpose of the "single publication rule" is to control damages resulting from mass communications so that a repeated communication does not create new causes of action. While some occurrences of a single publication are rather straight forward... Read More

Opting for Statutory Damages in a Counterfeiting Case May Prevent Your Client From Receiving Attorneys' Fees
Posted on 25 Mar 2008 by Anne Gilson LaLonde

After successful prosecution of a counterfeiting case, a plaintiff may choose between trebled actual damages and statutory damages. The Ninth Circuit has interpreted the Lanham Act damages provision (15 U.S.C. § 1117) to preclude an award of attorneys'... Read More

Electing Statutory Damages in a Counterfeiting Case May Bar an Award of Attorneys Fees in the Ninth Circuit
Posted on 15 Apr 2008 by Anne Gilson LaLonde

The Ninth Circuit's recent interpretation of the Lanham Act's damages provisions surely surprised many trademark practitioners. It held that, when a plaintiff chooses to receive statutory damages in a counterfeiting case instead of opting for... Read More

Copyright Statutory Damages Not Available For Each Song In Music Album
Posted on 17 May 2010 by Daniel Warren, David Weslow, and Joshua Curry

In Bryant v. Media Right Prods. , 2010 U.S. App. LEXIS 8657 (2d Cir. N.Y. Apr. 27, 2010) , the Second Circuit affirmed that a copyright owner was entitled to only one award of statutory damages for its music album compilation even though the album's... Read More

Architecture firm allowed to use projected future profits in calculating copyright/design infringement award: Looney Ricks Kiss Architects, Inc. v. Bryan
Posted on 3 Jan 2011 by Jonathan Zavin

Looney Ricks Kiss Architects, Inc. v. Bryan USDC W.D. Louisiana, December 7, 2010 Click here for a copy of the full decision . In copyright infringement action, court allows plaintiff to use defendants' projected future profits... Read More

Copyright Statutory Damages Not Available For Each Song In Music Album
Posted on 17 May 2010 by Daniel Warren, David Weslow, and Joshua Curry

In Bryant v. Media Right Prods. , 2010 U.S. App. LEXIS 8657 (2d Cir. N.Y. Apr. 27, 2010) , the Second Circuit affirmed that a copyright owner was entitled to only one award of statutory damages for its music album compilation even though the album's... Read More

James B. Astrachan on Russell Christoff v. Nestle USA, Inc. 47 Cal. 4th 468 (2009)
Posted on 26 Apr 2010 by James B. Astrachan

The purpose of the "single publication rule" is to control damages resulting from mass communications so that a repeated communication does not create new causes of action. While some occurrences of a single publication are rather straight... Read More